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Metafoura Website Terms of Use

Effective Date: February 5, 2025

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The terms "Company," "we," "us" and "our" refer to Metafoura, LLC.   Use of www.metafoura.com  (referred to as the “Site”) is subject to the following terms and conditions ("Terms of Use") that you affirmatively accept by using the Site.  Please read these Terms of Use carefully and ensure that you understand them before you begin use. If you do not agree to the Terms of Use, you should not use the Site.

 

THE INFORMATION CONTAINED ON WWW.METAFOURA.COM IS FOR INFORMATIONAL PURPOSES ONLY.  INFORMATION IS INTENDED TO SHOW HISTORICAL TRENDS AND ANY COMMENTARY IS INTENDED TO EXPRESS PERSONAL OBSERVATIONS OF THE WRITER ONLY AND IS NOT INTENDED TO BE LEGAL, TAX, FINANCIAL, INVESTMENT OR OTHER ADVICE. THE COMMENTARY INCLUDED ON THE SITE IS NOT PROVIDED BY A REGISTERED INVESTMENT ADVISOR.  IT IS RECOMMENDED THAT USERS PERFORM RESEARCH AND CONSULT MORE THAN ONE RESOURCE WHEN MAKING INVESTMENT DECISIONS.

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THESE TERMS EXEMPT THE COMPANY AND OTHERS FROM LIABILITY OR LIMIT THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ.

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THE COMPANY MAY UPDATE THESE TERMS OF USE AT ANY TIME, IN ITS SOLE DISCRETION. EACH TIME YOU USE THE SITE, THESE TERMS, AS THEY THEN READ, WILL GOVERN YOUR USE. IN THE EVENT OF AN UPDATE, YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF ANY CHANGES, SIGNALS YOUR UNDERSTANDING OF, AND AGREEMENT TO, SUCH CHANGES.

 

Ability to Accept Terms of Use.

The Site is intended for use only by individuals who are at least 18 years old and by using the Site you represent that you are at least 18 years old.  If you are consenting to these Terms of Use on behalf of a legal entity, you represent and warrant that you have the authority to consent to these Terms of Use on behalf of the entity.

 

Scope

These Terms of Use are intended to supplement and not to replace existing agreements between clients and the Company regarding services or products offered or purchased. Additional terms related to any subscription services can be found in the applicable subscription agreement. These terms are also meant to be read in conjunction with the Company Privacy Policy located on the Site.

 

Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.  Use of the Site is done at your discretion and at your own risk. The Company is not responsible for any harm or loss that may result or arise out of use of the Site or information provided on the Site.  

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To login to subscription services, you will be asked to supply information to create login credentials. You are responsible for keeping your account access credentials confidential and must not disclose them to third parties. You are solely responsible for any use of the Site that is enabled by means of your access information, even if it is unauthorized.  If you suspect unauthorized activity or a security breach, you must notify the Company immediately.

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You represent that you are not located in a country and are not a citizen of a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a terrorist supporting country and that you are not listed on any U.S. Government list of prohibited or restricted parties.  

 

Accuracy, Completeness and Timeliness of Information

Although the Company makes reasonable efforts to ensure that all information included on the Site is correct, accuracy cannot be guaranteed and the Company does not assume any responsibility or obligation for the accuracy, completeness, timeliness, or authenticity of information on the Site.  Information obtained via the Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information.  

 

Use of the Site

Materials on the Site or obtained through the Site may not be used as part of any service or product offerings to third parties.  Improper use of information on the Site or improper use of the Site with the intent to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited.  You may not interrupt or attempt to interrupt the operation of the Site in any way and the Company reserves the right, in its sole discretion, to terminate access to or use of the Site at any time without notice.  Termination of access or use of the Site will not waive or affect any right or relief to which the Company may be entitled at law or in equity.

 

You may not provide false e-mail addresses, impersonate any person or entity, or otherwise provide misleading information in connection with use of the Site. All remarks, suggestions, ideas, graphics, or other information communicated to the Company through or in relation to the Site (other than personally identifiable information) will forever be the property of the Company.  The Company will be entitled to use such submissions for commercial or other purposes without compensation, credits or notice to the submitter or to any other person.  The Company will not incur any liability as a result of any similarities that may appear in its future business operations, services or products.  By submitting unsolicited submissions to the Company you waive the right to make any claim against the Company relating to the submission.

 

The Company may from time to time develop patches or fixes or may find it necessary to install updates, upgrades and other modifications to the Site. These may from time to time be automatically installed without providing any additional notice or receiving any additional consent and you consent to this automatic update.  If you fail to install any software updates or other required item, use of the Site may be compromised.

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Users who subscribe to the Metafoura website must pay the monthly fee in advance to access and use the subscription based portions of the website. Users who are offered access for a free trial period may access the website for the specified trial period commencing on the date of acceptance of the free trial. Users will be limited to one free trial period only.  Once the free trial period has concluded, users must pay the monthly fee in advance prior to continued use of subscription based features within the website.  Fees are described in the applicable invoice. The first monthly fee will be charged as of the first day immediately following the subscription date or the last day of any trial period (as applicable). The fees do not include any taxes or duties of any kind which may be imposed by any governmental entity on the transactions contemplated and users will be solely responsible for all such taxes. All amounts are quoted in and payable in US dollars. Continued access to the website will be conditioned upon timely payment of all subscription payments owed.  Metafoura reserves the right to suspend access to and use of the subscription based portions of the website if a user fails to pay any amount owed on or before its due date. Users may cancel their subscription at any time by providing written notice to Metafoura. Cancellations are effective as of the conclusion of the then-current billing period.  Users will not receive a refund for non-use prior to the effective date of cancellation. Under certain circumstances, Metafoura may, in its sole discretion, provide a refund due to website malfunction.  Refund requests must be in writing for a refund to be considered. Written communications should be sent to sales@metafoura.com or the physical address listed herein.

 

To subscribe, users will be asked to supply information with respect to their method of payment including: credit card number, the expiration date of the user’s credit card, billing address or any other information needed to complete the transaction.  PLATFORM USERS REPRESENT AND WARRANT THAT THEY HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED.  Platform users agree that any third-party processing company retained by Metafoura has the right to process subscription payments submitted. Payments will be subject to the third party processing service’s account agreement, terms of use and privacy policy. 

 

All users will have an account. Metafoura will provide account access information. Users are responsible for keeping their account access credentials confidential and must not disclose them to third parties. Users are solely responsible for any use of the website that is enabled by means of their access information, even if it is unauthorized.  If a user suspects unauthorized activity or a security breach, they must notify sales@metafoura.com immediately.  Login information cannot be shared.

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Links
The Site may contain links to other websites/applications that are provided only as a convenience and as an additional avenue of access to the information contained therein.  The Company has not necessarily reviewed all of the information on the other websites/applications and is not responsible for the content of any other websites/applications, or information, material, products or services that may be offered through any of these other websites/applications. Inclusion of links to other websites/applications should not be viewed as an affiliation with the owner of the linked site nor as an endorsement of the content on the linked site and different terms and conditions apply to the use of any linked websites/applications.  The Company is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any other websites/applications referenced on the Site.

 

Intellectual Property

The content included on the Site, such as text, design, graphics, logos, icons, images, audio clips, charts, downloads, interfaces, code, software, any intellectual property, and the selection and arrangement of any of these, are the exclusive property of  the Company, its licensors and/or its content providers and is protected by copyright, trademark, and other applicable laws.  Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein.  The receipt of information and/or material included on the Site is conditioned on your prohibition from modifying or deleting any copyright, trademark, or other proprietary notice that appears on the information.  Any other use of information and/or material contained on the Site, including, but not limited to, the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, or software obtained from the Site, is expressly prohibited.   The Company, its licensors and/or its content providers retain full and complete title to the information and material provided on the Site, including all associated intellectual property rights.   The Company neither warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with the Company.   The Company reserves all rights not expressly granted in and to the Site.

 

The Company respects the intellectual property rights of others and may remove content that it believes may infringe the intellectual property rights of others.  If you believe that the Site has infringed your intellectual property rights, please notify the Company and provide the following information:

 

  • An identification of the intellectual property claimed to have been infringed, including copies of registration certificates, if available.

  • A detailed description of the material that you claim is infringing, so that the Company may locate it.

  • Your address, telephone number, and email address.

  • A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.

  • A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.

 

Please send the foregoing to the following address:

 

Metafoura, LLC

PO Box 2008

Princeton, NJ 08540

support@metafoura.com

 

DISCLAIMERS
USE OF THE SITE IS AT YOUR SOLE RISK.  THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.   THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME.   THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIALS.  NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND.  ANY WARRANTY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW IS LIMITED IN DURATION TO 30 DAYS FROM THE EVENT GIVING RISE TO THE WARRANTY.

 

YOU HEREBY ACKNOWLEDGE THAT ANY INFORMATION SENT OR RECEIVED MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OBTAINED BY UNAUTHORIZED PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT FULL RESPONSIBILITY FOR USE OF THE SITE IS AT YOUR SOLE RISK AND DISCRETION.

 

LIMITATION OF LIABILITY

 

THE COMPANY, ITS OWNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AND BUSINESS PARTNERS (THE “COMPANY PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE CONTENT THEREIN, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND REGARDLESS OF THE EXISTENCE OF NEGLIGENCE, UNLESS OTHERWISE STATED HEREIN. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, ANY LOSS OF PROFITS, THEFT, BODY INJURY, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, OR ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, OR OTHERWISE INAPPROPRIATE OR OBJECTIONABLE CONDUCT OF ANY USER.  IN NO EVENT WILL THE MEASURE OF DAMAGES INCLUDE, NOR WILL THE COMPANY PARTIES BE LIABLE FOR, ANY AMOUNTS FOR LOSS OF INCOME OR PROFIT,OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLERY, SPECIAL OR PUNITIVE DAMAGES OF ANY PARTY, INCLUDING CLAIMS OR DAMAGES OF THIRD PARTIES, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. 

 

YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN SIX (6) MONTHS AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

 

IF THESE LIMITATIONS, AS WRITTEN, ARE NOT PERMITTED BY APPLICABLE LAW, THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING HEREIN PRECLUDES A PARTY FROM SEEKING SPECIFIC ENFORCENMENT, INJNCTIVE RELIEF OR OTHER EQUITABLE REMEDY.

 

 

Third Party Products

Any software, services, goods or other products or technology that are provided by a third party, or that are provided by the Company but are: (i) identified by  the Company with a brand name or logo that is not a Company brand name or logo, or (ii) provided subject to a user’s agreement to the third party’s legal terms and conditions (“Third Party Products”) are subject to the terms of the license and other agreement terms of the third party.  Specifically, but without limitation, the operating system, virtualization and other general systems software may be a Third Party Product subject to separate licensing terms, conditions and restrictions of the third party providers.  You may be required to accept the end user license and other terms of the third party providers as a condition to use of Third Party Products. The Company’s website is currently hosted on a platform owned and operated by Wix (however this is subject to change at the Company’s discretion) and use is subject to the separate terms of use and privacy policy of that entity located at Wix.com.  If you do not agree to those terms of use or privacy policy you should not access the Company’s Site.

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Indemnification
You agree to indemnify, defend and hold harmless the Company and its officers, directors, employees, agents and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Site or any products or services offered or accepted through the Site and any violation of these Terms of Use.  If technical disruption of the Site, the systems supporting it, or the systems utilized to provide the services to clients occurs due to your action or inaction, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.   The Company reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such case, you agree to cooperate with the Company in defense of such matter.

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Jurisdiction
The Site is controlled by the Company from its offices located within the United States of America and has been designed to comply with the laws of the United States. Questions regarding the enforceability and scope of the arbitration provision contained herein will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act. Otherwise, the laws of the State of New Jersey govern these Terms of Use and use of the Site. If the Site is accessed from a location outside of the United States, it is done at your sole risk and discretion with the understanding that laws applicable in a foreign location may not be applicable to the Site.

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Any controversy or claim arising out of or relating to these Terms of Use or use of the Site, shall be submitted to binding arbitration and decided on an individual basis, and not on a class-wide or multiple plaintiff basis or in an action where any party hereto acts in a representative capacity, unless prohibited by law. Any such arbitration shall be administered by the American Arbitration Association under its Consumer Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. It is expressly acknowledged, understood and agreed that: arbitration is final and binding; the parties are waiving their right to seek legal remedies in court including the right to a trial by jury; pre-arbitration discovery generally is more limited than and different from that available in court proceedings; the arbitrator’s award is not required to include factual findings or legal reasoning; and any party’s right to appeal or vacate, or seek modification of, the arbitration award, is strictly limited by law. The arbitration will be before a single arbitrator. The place of arbitration will be Mercer County, New Jersey, United States of America. It is understood, acknowledged and agreed that in any such arbitration, each party will be solely responsible for payment of his/her/its own counsel fees. The parties will each pay their required share of the costs of arbitration.

Notwithstanding the foregoing, either party may seek injunctive relief from an appropriate state or federal court located in New Jersey prior to or during the arbitration, may file suit in a court of law to address intellectual property infringement claims and may bring individual actions in small claims court. 

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Entire Agreement

These Terms of Use along with the agreements referenced herein between users and the Company (which are incorporated hereunder by reference), constitute the entire agreement and supersedes all prior agreements, negotiations, representations and proposals, written and oral, relating thereto.

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Severability
If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions shall remain in full force.  In the event any provision is found by an arbitrator or court of competent jurisdiction to exceed the limits permitted by any applicable law or to be invalid as written, it may be reformed to the extent necessary to make it reasonable and enforceable.

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No Assignment

You may not assign these Terms of Use or the rights and obligations hereunder without the express prior written consent of the Company, which may be withheld in the Company’s discretion.   The Company may assign these Terms of Use and its rights and obligations hereunder without user consent.

 

How to Contact Us

Questions or comments about these Terms of Use or the Site may be directed by e-mail to: support@metafoura.com.

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